This document discusses copyright law and fair use guidelines for educators using copyrighted materials in teaching. It explains that fair use allows some educational uses of copyrighted works without permission, including for purposes of criticism, comment, teaching, and scholarship. It provides examples of how fair use has been applied and outlines best practices for educators to confidently exercise fair use. The document promotes understanding that copyright law adapts to changes in technology and society.

1. Copyright Clarity: Using Copyrighted Materials for Digital LearningRenee HobbsTemple UniversityMedia Education LabSchool of Communications & TheaterPhiladelphia PAhttp://mediaeducationlab.com/copyright

2. PEER-TO-PEER FILE SHARINGGoals for Today’s SessionWhy creative people value copyright lawWhen you (and your students) can use copyrighted materials without payment or permission under some circumstancesWhen you (and your students) should ask permission or pay a license fee to use copyrighted materialsHow codes of best practice help people become more confident in understanding and using the doctrine of fair useHow the law adapts to changes in society and changes in technology

3. Media LiteracyCritical thinking about media & technology+ Composing using media & technologyFor what purpose? To build critical thinking and communication skillsCritical Thinking, Reflection & EthicsUsing Technology Tools WellSelf-Expression & CreativityTeamwork & Collaboration

4. Supported with a grant from the John D. and Catherine T. MacArthur Foundation

5. What is the purpose of

6. To promote creativity, innovation and the spread of knowledgeArticle 1 Section 8U.S. Constitution

7. Technology makes it easy to:Use and share

8. Copy

9. Modify & Repurpose

10. Excerpt & Quote From

11. DistributeOwners forcefully assert their rights to:Restrict

12. Limit

13. Charge high fees

14. Discourage use

15. Use scare tacticsHow Teachers CopeSee no EvilClose the DoorHyper-Comply

16. Problem:Educational Use Guidelines are Confusing!NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPSAgreement on Guidelines for Classroom Copying in Not-for-Profit Educational InstitutionsFair Use Guidelines for Educational MultimediaGuidelines for the Educational Use of Music

17. The documents created by these negotiated agreements give them “the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts” --Kenneth Crews, 2001Educational Use Guidelinesare NOT the Law!

18. It’s time to replace old knowledgewithaccurate knowledge

19. EVERYTHING IS COPYRIGHTEDAny work of expression in fixed or tangible form

20. Creative ControlThe Copyright Act grants five rights to a copyright owner:1. the right to reproduce the copyrighted work; 2. the right to prepare derivative works based upon the work; 3. the right to distribute copies of the work to the public; 4. the right to perform the copyrighted work publicly; and 5. the right to display the copyrighted work publicly.

21. Owners May Control Copyright through the Licensing Process

22. LOVEHATECopyright law enables people to control the creative works they produce

23. LOVEHATEViolating Copyright Can Be ExpensiveThe Copyright holder may receive statutory damages for all infringements involved in the action… not less than $750 or more than $30,000 as the court considers just. [...] When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."

24. EVERYTHING IS COPYRIGHTED..but there are exemptions

25. --Section 107 Copyright Act of 1976The Doctrine of Fair UseFor purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research

26. The Doctrine of Fair Use“It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.”--Carrie Russell, American Library Association

28. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

29. An Example of Transformative Use The purpose of the original: To generate publicity for a concert.The purpose of the new work: To document and illustrate the concert events in historical context.

30. Is Your Use of Copyrighted Materials a Fair Use?Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original?Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

31. Exercising Your Fair Use ReasoningInvolves Critical Thinking

33. Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills

35. Five Principles Code of Best Practices in Fair Use Educators can:make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational usecreate curriculum materials and scholarship with copyrighted materials embeddedshare, sell and distribute curriculum materials with copyrighted materials embedded Learners can:use copyrighted works in creating new material distribute their works digitally if they meet the transformativeness standard

36. Organizations Supporting the Code of Best PracticesAssociation of College and Research Libraries (ACRL)National Association for Media Literacy Education (NAMLE)Action Coalition for Media Education (ACME)National Council of Teachers Of English (NCTE)Visual Studies DivisionInternational Communication Association (ICA)

37. Educators Can Rely on Fair Use National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use

38. Video Case Studies Elementary School Case Study:P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NYHigh School Case Study:Upper Merion Area High School King of Prussia, PACollege Case Study: Project Look Sharp at Ithaca CollegeIthaca, NY

40. The Code of Best Practices Helps To educate educators themselves about how fair use applies to their work

41. To persuade gatekeepers, including school leaders, librarians, and publishers, to accept well-founded assertions of fair use To promote revisions to school policies regarding the use of copyrighted materials that are used in education

42. To discourage copyright owners from threatening or bringing lawsuits

43. In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.PAY A LICENSE FEE Ask PermissionCLAIM FAIR USEJust Use itSELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENTDON’T USE ITUSING COPYRIGHTED MATERIALCHOICES FOR THE CREATIVE INDIVIDUAL

44. Communities of Practice Assert Their Fair Use Rights

45. Digital Millennium Copyright Act of 1998RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use

47. The Results of our AdvocacyUsers may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non-profit use.

48. SHARE THE GOOD NEWS!

49. http://mediaeducationlab.com

50. Wikispaces Online Community

51. Music VideosCopyright? What’s Copyright?Users’ Rights, Section 107

52. Three VisionsOpen Source Business Models Make Copyright Obsolete Creative Communities Develop Codes of Best Practices for Fair UseFlexible Licensing Schemes:Some Rights Reserved

53. Copyright Law Adapts to Changes in Technology and Society

54. PEER-TO-PEER FILE SHARINGGoals for Today’s SessionWhy creative people value copyright lawWhen you (and your students) can use copyrighted materials without payment or permission under some circumstancesWhen you (and your students) should ask permission or pay a license fee to use copyrighted materialsHow codes of best practice help people become more confident in understanding and using the doctrine of fair useHow the law adapts to changes in society and changes in technology

55. You Can Share Copyright ClarityContact:Renee HobbsTemple UniversityMedia Education LabPhiladelphia PAEmail: renee.hobbs@temple.eduPhone: (215) 204-3255Twitter: reneehobbsWeb: http://mediaeducationlab.com